Court filing
Information - United States v. Tracy and Carolyn Wade
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-07-25 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 118 · 2024-07-25 · Docket on CourtListener
Summary
The Government's Response to the Standing Discovery Order as to Defendant Carolyn Denise Wade, entered on the docket July 25, 2024 as Document 118 in United States v. Carolyn Denise Wade and Tracy D. Wade, No. 0:23-cr-60173-KMW, in the U.S. District Court for the Southern District of Florida. It answers the Standing Discovery Order entered July 15, 2024 (D.E. 99) under Local Rule 88.10 and Federal Rule of Criminal Procedure 16, listing what the government has produced and what it will disclose, including Brady and Giglio material. The government demands reciprocal discovery under Rule 16(b) and notice of any alibi defense under Rule 12.1. It states that discovery was produced on July 25, 2024 on a USB drive with records Bates stamped 23-60173-CR_006000 through 23-60173-CR_009061. The four-page response is signed by Assistant United States Attorney David A. Snider.
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Full text
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS(s)
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE and
TRACY D. WADE,
Defendants.
________________________________________/
GOVERNMENT’S RESPONSE TO THE STANDING DISCOVERY ORDER
AS TO DEFENDANT CAROLYN DENISE WADE
The United States hereby files this response to the Standing Discovery Order entered on
July 15, 2024, as to Defendant Carolyn Denise Wade (D.E. 99) (“Defendant”). This response
also complies with Local Rule 88.10 and Federal Rule of Criminal Procedure 16.
A.
1.
The government has produced or otherwise made available to Defendant
for inspection and copying any written statements made by Defendant.
2.
The government has produced or otherwise made available to Defendant
for inspection and copying any relevant oral statements made by
Defendant before or after arrest in response to interrogation by any person
then known to Defendant to be a government agent that the government
intends to use at trial.
3.
No Defendant testified before the Grand Jury.
4.
The government has produced a copy of Defendant’s criminal history.
5.
To the extent not already produced to Defendant, any books, papers,
documents, data, photographs, tangible objects, buildings or places, within
the government’s possession, custody or control, which are material to the
preparation of Defendant’s defense, or which the government intends to
use as evidence at trial to prove its case in chief, or which were obtained
from or belong to Defendant, may be inspected at a mutually convenient
time at: the Office of the United States Attorney, 500 E. Broward Blvd,
Fort Lauderdale, Florida, Suite 700. Please call the undersigned Assistant
U.S. Attorney to set up a date and time that is convenient to both parties.
Case 0:23-cr-60173-KMW Document 118 Entered on FLSD Docket 07/25/2024 Page 1 of 4
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The materials already produced and/or made available to Defendant
pursuant to this discovery response are not necessarily copies of all the
books, papers, documents, data, etc., that the government may intend to
introduce at trial.
6.
There were no physical or mental examinations nor scientific tests or
experiments made in connection with this case.
B.
DEMAND FOR RECIPROCAL DISCOVERY: Pursuant to the
Standing Discovery Order, the United States requests the disclosure and
production of materials listed in Section (b) of Local Rule 88.10. This
request is also made pursuant to Rule 16(b) of the Federal Rules of
Criminal Procedure.
C.
The government will disclose any information or material which may be
favorable on the issues of guilt or punishment within the scope of Brady v.
Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97
(1976).
D.
The government will disclose any payments, promises of immunity,
leniency, preferential treatment, or other inducements made to prospective
government witnesses, within the scope of Giglio v. United States, 405
U.S. 150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959).
E.
The government will disclose any prior convictions of any alleged co-
conspirator, accomplice or informant who will testify for the government
at trial.
F.
No Defendant was identified in a lineup, show up, photo array or similar
identification proceedings.
G.
The government has advised its agents and officers involved in this case to
preserve all rough notes.
H.
The government will timely advise Defendant of its intent, if any, to
introduce at trial extrinsic act evidence pursuant to F.R.E. 404(b).
Pursuant to Local Rule 88.10, the notice will be provided regardless of
whether the evidence may be used in the case-in-chief, for impeachment
or possible rebuttal, and will include the general nature of the evidence.
You are hereby on notice that all evidence made available to you for
inspection, as well as all statements disclosed herein or in any future
discovery letter, may be offered in the trial of this cause, under F.R.E.
404(b) or otherwise (including the inextricably-intertwined doctrine).
Case 0:23-cr-60173-KMW Document 118 Entered on FLSD Docket 07/25/2024 Page 2 of 4
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I.
Defendant is not an aggrieved person, as defined in Title 18, United States
Code, Section 2510(11), of any relevant electronic surveillance that was
authorized pursuant to 18 U.S.C. §2516 and 18 U.S.C §2518 and that has
been unsealed in accordance with 18 U.S.C §2518.
J.
The government has ordered transcribed the Grand Jury testimony of all
witnesses who will testify for the government at the trial of this cause.
K.
The government will, upon request, delivery to any chemist selected by
the defense, who is presently registered with the Attorney General in
compliance with 21 U.S.C. §§ 822 and 823, and 21 C.F.R. § 101.22(8), a
sufficient representative sample of any alleged contraband which is the
subject of this indictment, to allow independent chemical analysis of such
sample.
L.
The government does not know of any automobile, vessel, or aircraft
allegedly used in the commission of this offense that is in the
government's possession.
M.
The government is not aware of any latent fingerprints or palm prints
which have been identified by a government expert as those of Defendant.
N.
The government will make every possible effort in good faith to stipulate
to all facts or points of law the truth and existence of which is not
contested and the early resolution of which will expedite trial. These
stipulations will be discussed at the discovery conference.
The United States produced the discovery referenced above to Defendant, through her
counsel of record, on July 25, 2024. The discovery was produced on a USB drive containing
records in PDF format Bates stamped 23-60173-CR_006000 through 23-60173-CR_009061 and
additional non-Bates stamped records in other formats. The United States also reproduced to
Defendant all prior discovery in this case, which consisted of PDF records Bates stamped 23-60173-
CR_000001 through 23-60173-CR_003755 and additional non-Bates stamped files.
[Remainder of page intentionally blank]
Case 0:23-cr-60173-KMW Document 118 Entered on FLSD Docket 07/25/2024 Page 3 of 4
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The government is aware of its continuing duty to disclose such newly discovered
additional information required by the Standing Discovery Order, Rule 16(c) of the Federal
Rules of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial.
In addition to the request made above by the government pursuant to the Standing
Discovery Order, Local Rule 88.10(b), and Rule 16(b) of the Federal Rules of Criminal
Procedure, in accordance with Rule 12.1 of the Federal Rules of Criminal Procedure, the
government hereby demands Notice of Alibi defense; the approximate time, date, and place of
the offense was:
Time: See Indictment
Date: See Indictment
Place: See Indictment
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
By: /s/ David A. Snider
David A. Snider
Assistant United States Attorney
Court ID No. A5502260
500 E. Broward Blvd
Fort Lauderdale, FL 33394
Tel: (954) 660-5696
Fax: (954) 356-7336
Email: david.snider@usdoj.gov
Case 0:23-cr-60173-KMW Document 118 Entered on FLSD Docket 07/25/2024 Page 4 of 4File and source
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